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Criminal Law

: Fourth Amendment

M.D.N.C.: Detention for string of robberies was reasonable

By John Wesley Hall, Jr.

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Defendant’s stop was based on the fact his car was quite similar to the car involved in a string of robberies of convenience stores. The detention lasted 25-30 minutes while officers tried to get pictures of the robbers to the scene so they could be compared. A frisk of the car for a gun led to a drug dog alert, too. Given that this case involved robberies, the police get the discretion to take a little time to determine whether the occupant was involved in them. United States v. Cabey, 2010 U.S. Dist. LEXIS 13517 (M.D. N.C. February 17, 2010): In the present case, the interest in crime prevention and public safety were pressing. Twelve armed robberies of convenience stores occurred within the last month. To Cabey's bad luck, the vehicle Gerringer observed on the video images only hours earlier stuck in his mind because it was similar to that driven by his girlfriend...continue to full post

Full post as published by Fourth Amendment on February 19, 2010 (boomark / email).

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